Page No.# 1/8 GAHC010018282021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./18/2021 THE DEPUTY COMMISSIONER, CHARAIDEO AND ANR. P.O. AND P.S. SONARI, DIST.- CHARAIDEO, ASSAM, PIN- 785690. 2: THE BLOCK DEVELOPMENT OFFICER SONARI DEVELOPMENT BLOCK P.O. AND P.S. SONARI DIST.- CHARAIDEO ASSAM PIN- 785693 VERSUS PREM KANTA TANTABAI AND 7 ORS. S/O YOGEN TANTABAI, R/O VILL. RANGAPATHAR GAON, P.O. SUFFRY, P.S. SONARI, DIST. CHARAIDEO, ASSAM, PIN-785690 2:RUMA SONOWAL W/O BHOGESWAR SONOWAL R/O VILL. SINGLOPATHAR P.O. MATHURAPUR P.S SONARI DIST. CHARAIDEO ASSAM PIN-785690 3:RATNESWAR LOHAR S/O KISHAN PRASAD LOHAR R/O SAFRAI BAGAN GRANT P.O. SAFRAI P.S. SONARI DIST. CHARAIDEO ASSAM 4:NITUL HOQUE Page No.# 2/8 S/O ALLUDDIN HOQUE R/O NAPHUK PATHAR P.O. SUFFRY P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690 5:PINKY BORUAH (HAZARIKA) W/O SRI BIREN HAZARIKA R/O NAPHUK GAON P.O. SUFFRY P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690 6:SUKHESWARI URANG W/O BHADESWAR URANG R/O VILL. NAPHUK GAON P.O. SUFFRY P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690 7:BAPUKAN KALINDI S/O LT. RATHU KALINDI R/O VILL. RANGAPATHAR GAON P.O. SUFFRY P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690 8:RAJESH GHOSH S/O LT. KAMAKHYA GHOSH R/O VILL. HINGORITOLI PO. NAPHUK P.S. SONARI DIST. CHARAIDEO ASSAM PIN-78569 Advocate for the Petitioner : MR. J PATOWARY, Advocate for the Respondent : , Page No.# 3/8 Linked Case : WP(C)/4243/2019 PREM KANTA TANTABAI AND 7 ORS. S/O YOGEN TANTABAI R/O VILL. RANGAPATHAR GAON P.O. SUFFRY P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690 2: RUMA SONOWAL W/O BHOGESWAR SONOWAL R/O VILL. SINGLOPATHAR P.O. MATHURAPUR P.S SONARI DIST. CHARAIDEO ASSAM PIN-785690 3: RATNESWAR LOHAR S/O KISHAN PRASAD LOHAR R/O SAFRAI BAGAN GRANT P.O. SAFRAI P.S. SONARI DIST. CHARAIDEO ASSAM 4: NITUL HOQUE S/O ALLUDDIN HOQUE R/O NAPHUK PATHAR P.O. SUFFRY P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690 5: PINKY BORUAH (HAZARIKA) W/O SRI BIREN HAZARIKA R/O NAPHUK GAON P.O. SUFFRY P.S. SONARI DIST. CHARAIDEO ASSAM Page No.# 4/8 PIN-785690 6: SUKHESWARI URANG W/O BHADESWAR URANG R/O VILL. NAPHUK GAON P.O. SUFFRY P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690 7: BAPUKAN KALINDI S/O LT. RATHU KALINDI R/O VILL. RANGAPATHAR GAON P.O. SUFFRY P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690 8: RAJESH GHOSH S/O LT. KAMAKHYA GHOSH R/O VILL. HINGORITOLI PO. NAPHUK P.S. SONARI DIST. CHARAIDEO ASSAM PIN-785690 VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI-781006 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI-781006 3:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. ASSAM JURIPAR PANJABARI GUWAHATI-781037 4:THE DEPUTY COMMISSIONER CHARAIDEO Page No.# 5/8 P.O. AND P.S. SONARI DIST.-CHARAIDEO ASSAM PIN-785690 5:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD SIVASAGAR P.O. AND P.S SIVASAGAR DIST.-SIVASAGAR ASSAM PIN-785640 6:THE BLOCK DEVELOPMENT OFFICER SONARI DEVELOPMENT BLOCK P.O. AND P.S SONARI DIST.-CHARAIDEO PIN-785693 7:THE SECRETARY 2 NO. ABHOYPUR GAON PANCHAYAT P.O. SUFFRY P.S. SONARI DIST.-CHARAIDEO ASSAM PIN-785693 ------------ Advocate for : MR H RAHMAN Advocate for : SC PNRD appearing for THE STATE OF ASSAM AND 6 ORS. B E F O R E HON’BLE MR. JUSTICE NELSON SAILO ORDER 28.05.2025 Heard Mr. J Patowary, learned counsel for the review petitioner and Mr. H Rahman, learned counsel for respondents. By filing this review petition, the Page No.# 6/8 petitioners have sought review of the Order dated 21.06.2019 passed in WP(C) No. 4243/2019. [2.] Mr. J Patowary, learned counsel by referring to the said order, submits that this Court had directed the respondent authorities more particularly in the respondent Nos. 4 & 6 i.e., Deputy Commissioner & Block Development Officer, Charaideo District to verify the claim of the petitioners in respect of non- payment of salaries/remuneration and upon such verification, if it was found that amount has not been given to them, to release the same to the writ petitioners. Referring to Rule 15 of the Assam Panchayat (Administrative) Rules, 2002 (Rules of 2002), Mr. J Patowary submits that the remuneration of non- officials of Gaon Panchayat and also the sitting allowances of the members are to be made from their own resources and also devolution of fund. Such being the position, the learned counsel submits that the Order dated 21.06.2019 insofar as, the direction has been made to the respondent authorities for payment of the salaries/remuneration may be recalled since the same is not in conformity with the Rules of 2002. [3.] Mr. H Rahman, learned counsel for the respondents submits that the direction for verifying the amount payable to the writ petitioners may not be interfered with except for the direction for payment of the amount due by the Page No.# 7/8 Deputy Commissioner & Block Development Officer, Charaideo District which may be recalled. He, however, submits that after such verification is made, the amount so found to be due should be forwarded to concerned Gaon Panchayat for payment in terms of Rule 15 of the Rules of 2002. [4.] Upon hearing the learned counsels for the parties and upon perusal of the provisions of Rule 15 of the Rules of 2002, it only appears that the direction for payment to be made by the Deputy Commissioner & Block Development Officer, Charaideo District will have to be recalled. [5.] Accordingly, the Order dated 21.06.2019 insofar as, the direction has been given for payment of the remuneration salaries of the writ petitioners by the Deputy Commissioner & Block Development Officer, Charaideo District is concerned stands recalled. The said authorities shall, however, make necessary verification as was directed and forward the verification report to the Gaon Panchayat concerned in case there is any amount due for disbursement to the writ petitioners. The petitioners shall therefore submit a certified copy of this order alongwith the earlier order to the present Deputy Commissioner & Block Development Officer, Charaideo District for doing the needful as directed. [6.] With the above observation and direction, the review petition stands Page No.# 8/8 disposed of. Before parting with the records, it is also provided herein that in case any amount is found due to be paid by the Gaon Panchayat concerned, the same should be paid as expeditiously as possible and preferably, within a period of 4 months from the date of receipt of the assessment/verification. JUDGE Comparing Assistant